A battle over the legalities of poker is headed to the Colorado Supreme Court.

The Poker Players Alliance, an advocacy group, said Wednesday that one of its members will petition the state’s high court for a review of a district court’s ruling this month that poker is considered gambling under Colorado law.

“The PPA is committed to helping demonstrate to the Colorado Supreme Court the broad academic research that exists showing that poker is indeed a game of skill,” PPA executive director John Pappas said in a statement.

The case stems from a 2008 probe by the Colorado Bureau of Investigation into a $20 buy-in Texas Hold’em tournament at a Greeley bar.

Five people were arrested and charged with illegal gambling. In January, a county court jury acquitted Kevin Raley, one of the organizers of the game and the first defendant to stand trial. Charges against the others were then dropped.

During trial, Raley argued that poker is a game in which skill predominates over chance. Illegal gambling occurs when a game involves risk and reward and its outcome is determined predominantly by chance. There are exceptions, such as if the game is not operated for profit.

The trial judge allowed Raley to call an expert — University of Denver professor Bob Hannum — to testify that poker is a game of skill.

Raley also presented evidence that participants in the tournament had a social relationship, which would make the game legal. The jury didn’t state a reason for the not-guilty verdict, so it’s unclear which argument swayed jurors.

Raley can’t be retried, and charges against his partners won’t be refiled.

Nonetheless, to clarify Colorado’s gambling laws in regard to poker for future prosecutions, the state appealed to the district court the ruling that allowed Hannum to testify.

On Aug. 4, Weld County District Court Judge James Hartmann ruled that the county court judge erred in allowing Hannum to testify because poker is already considered gambling under Colorado law.

“The activity at issue in this case involved gambling and the only exception that properly should have been presented to the jury for consideration was whether the activity fell within the social gambling exception,” Hartmann wrote in the opinion.

Raley, of Windsor, will file the petition for a review with the Colorado Supreme Court. The PPA, which paid for Hannum to testify, will continue to finance the legal battle.

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